(a) Before any person is granted permission to make changes in the contour of any land proposed to be subdivided, developed or changed in use by grading or excavating or by the removal or destruction of the natural topsoil, trees or other vegetative covering thereon, he or she shall be required to, at the option of the City Engineer, either provide a performance bond, in a form satisfactory to the Director of Law, or deposit with the Director of Finance the sum of $5 per linear foot of roadway, as security that he or she shall undertake the immediate reseeding of disturbed ground with quick-growing vegetation to provide erosion control and prevent siltation in accordance with the conditions of approval of the City Engineer pursuant to § 1254.01 of these Codified Ordinances. The performance bond or deposit shall be retained by the Director of Finance until such time as the City Engineer certifies that there has been satisfactory reseeding of disturbed ground with quick-growing vegetation to provide erosion control and to prevent siltation. Upon such certification by the City Engineer, the performance bond or deposit shall be returned to the person providing the same, less a fee to cover inspection of the work.
(b) In the event that the person submitting the bond fails to reseed the disturbed ground, the city shall take any and all actions necessary to enforce the performance insured by the surety. In the event that the person making the deposit fails to reseed the disturbed ground, the city shall make arrangements for the necessary reseeding and deduct the cost thereof from the deposit. If the deposit is insufficient to reimburse the city, the Director of Finance shall take the necessary steps to effect the collection of the remainder of the cost from the person making the deposit. If the deposit exceeds the cost of such reseeding, the Director of Finance shall issue a check to return the excess to the person who made the deposit.
(Ord. 1981-59, passed 7-6-1981)